what Mr. Bush really wants is to avoid lawsuits that could uncover the extent of the illegal spying he authorized after 9/11.

Spies, Lies and FISA | Published: October 14, 2007

As Democratic lawmakers try to repair a deeply flawed bill on electronic eavesdropping, the White House is pumping out the same fog of fear and disinformation it used to push the bill through Congress this summer. President Bush has been telling Americans that any change would deny the government critical information, make it easier for terrorists to infiltrate, expose state secrets, and make it harder “to save American lives.”
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Last week, The Times reported that the C.I.A. director, Gen. Michael V. Hayden, is investigating the office of his agency’s inspector general after it inquired into policies on detention and interrogation. This improper, perhaps illegal investigation sends a clear message of intimidation. We also know that the F.B.I. has abused expanded powers it was granted after 9/11 and that the former attorney general, Alberto Gonzales, systematically covered up the president’s actions with deliberately misleading testimony.

Mr. Bush says the law should give immunity to communications companies that gave data to the government over the last five years without a court order. He says they should not be punished for helping to protect America, but what Mr. Bush really wants is to avoid lawsuits that could uncover the extent of the illegal spying he authorized after 9/11.

It may be possible to shield these companies from liability, since the government lied to them about the legality of its requests. But the law should allow suits aimed at forcing disclosure of Mr. Bush’s actions. It should also require a full accounting to Congress of all surveillance conducted since 9/11. And it should have an expiration date, which the White House does not want.

Ever since 9/11, we have watched Republican lawmakers help Mr. Bush shred the Constitution in the name of fighting terrorism. We have seen Democrats acquiesce or retreat in fear. It is time for that to stop.